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The Care and Support (Charging and Assessment of Resources) Regulations 2014

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The Care and Support (Charging and Assessment of Resources) Regulations 2014 STATUTORY INSTRUMENTS 2014 No. 2672 SOCIAL CARE, ENGLAND The Care and Support (Charging and Assessment of Resources) Regulations 2014 Made - - - - 22nd October 2014 Laid before Parliament 30th October 2014 Coming into force in accordance with regulation 1 CONTENTS PART 1 General 1. Citation and commencement 2. Interpretation PART 2 Power of the local authority to charge for care and support 3. Services to be provided free of charge 4. Adults to whom services are to be provided free of charge 5. Costs of putting in place arrangements to meet needs 6. Personal expenses allowance for residents or temporary residents provided with accommodation in a care home 7. Minimum income guaranteed amount for other adults and carers whose needs are being met otherwise than by the provision of accommodation in a care home 8. Power of the local authority to financially assess and charge a short-term resident as if the resident is receiving care and support other than the provision of accommodation in a care home PART 3 Assessment of financial resources 9. Financial assessment 10. Circumstances in which an authority is to be treated as having carried out a financial assessment (including light touch assessments) 11. Rounding of fractions 12. Financial limit - capital PART 4 Treatment and calculation of income 13. Calculation of income 14. Earnings to be disregarded 15. Other sums to be disregarded 16. Capital treated as income 17. Notional income PART 5 Treatment and calculation of capital 18. Calculation of capital 19. Income treated as capital 20. Calculation of capital in the United Kingdom 21. Calculation of capital outside the United Kingdom 22. Notional capital 23. Diminishing notional capital rule 24. Capital jointly held 25. Calculation of tariff income from capital SCHEDULE 1 — Sums to be disregarded in the calculation of income PART 1 — Sums to be disregarded PART 2 — Special Provisions Relating to Charitable or Voluntary Payments and Certain Pensions SCHEDULE 2 — Capital to be disregarded The Secretary of State makes these Regulations in exercise of the powers in sections 14(5) to (8), 17(7) to (13) and 125(7) and (8) of the Care Act 2014( a). PART 1 General Citation and commencement 1. These Regulations may be cited as the Care and Support (Charging and Assessment of Resources) Regulations 2014 and come into force immediately after sections 14(5) and 17(7) of the Act are both fully in force. Interpretation 2. —(1) In these Regulations— “the Act” means the Care Act 2014; (a) 2014 c.23. The powers to make regulations are exercisable by the Secretary of State, see section 125(1). Sections 14(5) to (8) and 17(7) to (13) were commenced for the purposes of making regulations by S.I. 2014/2473. Section 17(8) was commenced in modified form. 2 “the 1992 Act” means the Social Security Contributions and Benefits Act 1992( a); “the adult” in relation to a financial assessment carried out by a local authority for the purposes of section 17(1), (3) or (4) of the Act means the adult or, as the case may be, the carer in respect of whom the authority is carrying out the financial assessment; “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserved Forces (Compensation Scheme) Order 2011( b); “attendance allowance” has the same meaning as in the Income Support Regulations; “care home” means a care home (within the meaning given in section 3 of the Care Standards Act 2000( c)) in respect of which a person is registered under the Health and Social Care Act 2008( d) for the regulated activity of the provision of residential accommodation together with nursing or personal care; “carer premium” means a carer premium under the Income Support Regulations; “child benefit” means a child benefit under the 1992 Act; “child tax credit” means a child tax credit under the Tax Credits Act 2002( e); “council tax” is to be construed in accordance with section 1(1) of the Local Government Finance Act 1992( f); “couple” has the same meaning as in the Income Support Regulations; “disability living allowance” means a disability living allowance under the 1992 Act; “disability premium” means a disability premium under the Income Support Regulations; “employed earner” is to be construed in accordance with section 2(1)(a) of the 1992 Act( g); “enhanced disability premium” means an enhanced disability premium under the Income Support Regulations; “guardian’s allowance” means a guardian’s allowance under the 1992 Act; “income support” means income support under the 1992 Act; “Income Support Regulations” means the Income Support (General) Regulations 1987( h); “lone parent” has the same meaning as in the Income Support Regulations; “partner” has the same meaning as in the Income Support Regulations; “Pension Credit Regulations” means the State Pension Credit Regulations 2002( i); “pension credit age” means the qualifying age for state pension credit within the meaning of section 1(6) of the State Pension Credit Act 2002; “permanent resident” means a resident who is not a temporary resident or a short-term resident; “personal independence payment” means a personal independence payment under Part 4 of the Welfare Reform Act 2012( j); “personal pension scheme” has the same meaning as in the Income Support Regulations; “prospective resident” means a person for whom accommodation in a care home is proposed to be provided under the Act; “resident” means a person who is provided with accommodation in a care home under the Act; (a) 1992 c.4. (b) S.I. 2011/517. (c) 2000 c.14. (d) 2008 c.14. (e) 2002 c.21. (f) 1992 c.14. (g) Section 2(1)(a) was amended by paragraphs 169 and 171 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c.1) and section 15(1) of the National Insurance Contributions Act 2014 (c.7). (h) S.I. 1987/1967. (i) S.I. 2002/1792. (j) 2012 c.5. 3 “savings credit” means a savings credit under the State Pension Credit Act 2002; “self-employed earner” is to be construed in accordance with section 2(1)(b) of the 1992 Act; “severe disablement occupational allowance” means a severe disablement occupational allowance paid under article 10 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006( a) or under article 16 of the Personal Injuries (Civilians) Scheme 1983( b); “short-term resident” means a person who is provided with accommodation in a care home under the Act for a period not exceeding 8 weeks; “temporary resident” means a resident whose stay is— (a) unlikely to exceed 52 weeks; or (b) in exceptional circumstances, unlikely to substantially exceed that period; “working tax credit” means a working tax credit under the Tax Credits Act 2002. (2) Where reference is made in these Regulations to the application of a provision in the Income Support Regulations, any reference to “claimant” in the provision of the Income Support Regulations is to be construed as a reference to the adult concerned. (3) In these Regulations any reference to a resident’s accommodation in a care home, or to accommodation provided for a resident in a care home, is to be construed in the case of a resident who is a prospective resident as a reference to accommodation to be provided for that resident under section 18, 19 or 20 of the Act. PART 2 Power of the local authority to charge for care and support Services to be provided free of charge 3. —(1) A local authority( c) must not make a charge for meeting needs under section 14(1) of the Act where the care and support, or support which is provided to an adult, under section 18, 19 or 20 of the Act, is a service specified in paragraph (2)(a) or (b). (2) The following are specified— (a) a service which consists of the provision of community equipment (aids and minor adaptations); (b) intermediate care and reablement support services for the first 6 weeks of the specified period or, if the specified period is less than 6 weeks, for that period. (3) In this regulation— “community equipment (aids and minor adaptations)” means an aid, or a minor adaptation to property, for the purpose of assisting with nursing at home or aiding daily living and for the purposes of this paragraph, an adaptation is minor if the cost of making the adaptation is £1,000 or less; “intermediate care and reablement support services” means care and support, or support provided to an adult by the local authority under section 18, 19 or 20 of the Act which— (a) consists of a programme of care and support, or support; (b) is for a specified period of time (“the specified period”); and (c) has as its purpose the provision of assistance to an adult to enable the adult to maintain or regain the ability needed to live independently in their own home. (a) S.I. 2006/606. Article 10 was amended by S.I. 2008/679 and 2013/630. (b) S.I. 1983/686. Article 16 was amended by S.I. 1984/1675 and 2001/420. (c) See section 1(4) of the Act as to the meaning of “local authority”; the definition is limited to local authorities in England. 4 Adults to whom services are to be provided free of charge 4. A local authority must not make a charge for meeting needs under section 14(1) of the Act where the care and support is provided to an adult, under section 18, 19 or 20 of the Act, suffering from variant Creutzfeldt-Jakob disease.
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